TNAG-1429-FCO40-1912-Chinese-visa-office-in-Hong-Kong-1985 — Page 31

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RECEIVED IN RE

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14 FEB1285

RR HONG KONG

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FM FCO 131500Z FEB 85

TO ROUTINE HONG KONG

DESK OFFICER

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INDEX

PA

TELEGRAM NUMBER 262 00F 13 FEBRUARY

AND TO PEKING

REGISTRY

Action Taken

Rewalker

pa.

CONSULAR AGREEMENT: CHINESE VISA OFFICE IN HONG KONG 1. NTD HAVE NOTICED A MINOR INCONSISTENCY CONCERNING THE ENTRY INTO FORCE OF THE VISA OFFICE UNDERSTANDING IN THE NOTES EXCHANGED IN PEKING GIVING FORCE TO THE CONSULAR AGREEMENT (COPIES FOLLOW BY BAG FOR HONG KONG). THE UNDERSTANDING CAME INTO EFFECT ON 27 DECEMBER 1984, THE DATE OF THE NOTE WHICH NOTIFIED THE CHINESE OF COMPLETION OF LEGAL PROCEDURES. CHINESE REPLY OF 14 JANUARY, HOWEVER, REFERS TO THE UNDERSTANDING HAVING BECOME EFFECTIVE ON THE DATE OF THE HONG KONG ORDINANCE (24 DECEMBER).

THE

2. THIS COULD BE CORRECTED BY ASKING THE CHINESE EITHER TO ISSUE A NEW NOTE OR TO AMEND AND INITIAL THE ORIGINAL. THE ERROR IS, HOWEVER, MINOR SINCE THIS IS AN UNDERSTANDING RATHER THAN A PUBLISHED, REGISTRABLE AGREEMENT AND FOR ALL PRACTICAL PURPOSES IN HONG KONG, THE UNDERSTANDING DID IN FACT BECOME EFFECTIVE ON DECEMBER 24. THERE IS NO LEGAL OR PRACTICAL NECESSITY HERE TO REMOVE THE INCONSISTENCY PROVIDED THAT THE SAME IS TRUE FOR HONG KONG. WE WOULD BE INCLINED NOT (NOT) TO RISK CONFUSING THE CHINESE BY SEEKING AN AMENDMENT.

GRATEFUL YOUR VIEWS.

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COPIES TO:

MR WHOMERSLEY. LEGAL ADVISERS

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